sign in sign up
<<
Home , Fonterra, Silver Fern

AVIATION & MARINE ENGINEERS ASSOCIATION

Newsletter - March 2015

But look back at what we have given away over AMEA CONFERENCE the years. We work up to 50 hour weeks, for instance. The employer is motivated while we The AMEA Biannual Conference was held on sleep. We gave up the unionised workplace and 05-06 November 2014 in . Fifty AMEA are now being channelled into not standing union representatives attended. up for ourselves and opposing the employer. The same conditions, the same arguments as The following commentary is provided by John existed in the 1800’s are still here, society is Fraser who is the Chairman of the Maritime Stan Renwick just more sophisticated now. We have to get Division and Executive member. He is employed political. We need to stand up and be counted when new legislation by Interislander on the Cook Strait ferries. John Fraser threatens things such as rest breaks instead of watching it happen DAY ONE: and whingeing. This legislation is a testing of the waters. There is more to come. Lively debate broke out which lasted until it threatened the First on the agenda after the preliminary ice-breaking was the celebrity Conference tea break, and was concluded. speaker Ken Johnson who took us through AMEA’s history as its membership responded to the shifting political landscape. Unions have Next up was Alison Maelzer from Hesketh been demonised by politicians, he asserted. The Labour Relations Act in Henry, solicitors to the gentry, who took us 1987 required that a union had to have a membership of at least 1000 through the Health and Safety Amendment to be recognised, and the Employment Contracts Act of 1991 raised Bill. has a poor safety record the bar further and resulted in competition between unions in the compared to other OECD countries and the workplace. The Government has been methodically kneecapping unions focus is mainly on the employer to ensure and new legislation has dissolved ‘The Movement’ and reduced unions workers are not injured on the job. The new to toothless bargaining agents. New Zealand has coincidentally the most Alison Maelzer legislation is based on Australian “model repressive laws in the developed world against organised unionism. As a law” which is an expression for a set of rules result perhaps, only 20% of New Zealand workers are unionised and 9% of designed to achieve a near-perfect result. It defines the responsible them are in the private sector. person as “a person conducting a business or undertaking”, the PCBU. It is a broad definition covering employers, suppliers, people in charge I will relate Ken’s biscuit story here for a bit of cheer: of a workplace, in fact almost anyone except home occupiers and - The employer entered the room with a plate with ten biscuits on it, those engaged in residential work, and volunteers with no employees. and set it down in front of the representatives of the two unions on site The content of the changes is guaranteed to glaze you over reading who were there to bargain. They took a biscuit each, but the employer about it here. Simplest-put, it is “A Good Thing”. took the remaining eight, and biting into one, put the rest in his pocket. After lunch Chris Mills from Air Swallowing, he leaned toward the nearest of the two reps and murmured New Zealand spoke on High “Keep an eye on him. He’ll be after your biscuit next”. Performance Engagement. Ken posed the question of how to stand up to the new legislation allowing Had you attended AMEA’s the employer to legally walk away from bargaining. Action by the workers last conference, you would would bring condemnation from the public who elected this government. remember Chris as the Christian who was fed to the lions when Tony Tronson, Simon Gallagher He warned that anyone testing the legislation’s validity would find it very and Chris Mills GM HR Air NZ expensive in the courts. And he left us with a quote of Chairman Mao’s; he spoke the very day after the “Know your enemy and you know your strength.” bitter court case between AMEA and wound up for a ruling from the judge. The guy’s got guts. Now High Performance Stan led an open floor discussion next. He began with the statement that Engagement is the buzzword for a system where employees and we ought not be ashamed to be unionised. It provides a balance, he said. employer meet as equals to make considered and wise decisions

Contact Details: Jacqui Roberts: [email protected] 1st Floor, 44 Anzac Ave, General Meetings - Auckland Stan Renwick: [email protected] PO Box 3471, Auckland 1140 Held the first Tuesday in the month (except Jan) Phone: (09) 358 0050 Tuesday 7th April 2015 Bob Brough: [email protected] Fax: (09) 358 0063 Tuesday 5th May 2015 Penny Dillimore: [email protected] Office: [email protected] Tuesday 2nd June 2015 Nicolette Carrington: [email protected] Web Site: www.amea.co.nz

AVIATION & MARINE ENGINEERS ASSOCIATION www.amea.co.nz on the future of their employment. The sort of meetings and decision- such a collective exists where it does, that it covers their work, that they making that involves those closest to the problem in finding a solution. are free to join it, and put them in touch with the Union. At Air New Zealand it appears to be working. And a version of it may well work at other workplaces if a climate for it to grow could be established. Collective Bargaining: The requirement to conclude a collective agreement How many times have we said of the employer; ‘you never listen’? HPE is unless there is a genuine reason not to goes, but an employer cannot in a way to establish that dialogue. Good Faith refuse to enter a collective on principle. Both employers and employees now may initiate bargaining 60 days before expiry. The after-smoko speaker was John Whittaker also of Air New Zealand, who outlined the processes they follow in setting up, working through, Strikes and Lock-outs: Where-as the Union was not required to give and actioning results of meetings regarding the Airport areas. In notice of a strike under previous legislation unless in an essential summary, for them it works. And both sides appear to be committed to industry, it must now provide full detail of all stoppages 14 days prior to that continuing. the activity. A partial strike is now defined under the Act and essentially is not doing any activity normally undertaken. The employer now THE SECOND DAY has the right to define what it feels isn’t being done satisfactorily and Jim Roberts spoke eloquently about that bogey deduct from the worker’s wage an amount or a flat 10%. The employer the Employment Relations Act. National promised then continues to get work done and harvests potentially 10% of the in 2011 to amend it and although it was deferred workforce’s remuneration as well. He posed the question would workers after John Banks’ resignation it was still on the be better served by a full strike? books ready for National’s re-election this year and will pass into law this month. Harassment: This now has a definition under both the ERA and the Human Rights Act. The aggrieved can elect which one to pursue and the Jim Roberts There are small changes in the good faith area employer needs to deal with its occurrence. It has broadened to cover that pertains to disclosure of information around, harassment by colleagues, customers, and clients. for instance, why you might not have got a particular job, which brings it into line with the Privacy Act. Bullying: There is a move to define this under Worksafe Best Practice Guideline but a textbook definition remains elusive. There is a seeming Changes to the law on flexible working arrangements mean that disparity between common law and the Guideline. It may be some time only those who have care responsibilities can ask, after six months’ before case law is sufficiently advanced to be able to spot bullies and employment, and make but one request per twelve months. stop them. But at this stage the definition is “Repeated and unreasonable behaviour directed towards a worker or a group of workers that creates Rest and Meal Breaks: The new law does not remove breaks. However a risk to health and safety”. Note that it is to be repeated, and does not it no longer specifies a number or duration. An employer must provide a have to demonstrate an intent. What to do? Document it. Assess it. The reasonable opportunity for rest, refreshment, and attention to personal Worksafe site has a tool to do this. Get help. Consider low-key remedies, matters (like going to the bank). These must be of “appropriate duration”, or proceed to a complaint. But be aware that due to the difficulty in it says. But if agreement between employer and employee can be had defining bullying what the victim perceives can be denied and explained or if a break cannot be provided then “compensatory measures” are away. More work to be done here. allowed. (Leaving early or starting late or time off in lieu). But other enactments take precedent. Truck drivers for instance must still have The Conference moved on to election of officers and a full list appearing statutory breaks. below. The obligatory Where’s Wally photo followed and with closing addresses we headed off to catch planes. The End. The 30 Day Rule: Employers are no longer required to employ for the first 30 days on the ruling collective, but must advise new employees that Cheers, John.

AMEA EXECUTIVE COMMITTEE The following union representatives were elected as Chair and Vice Chair of the AMEA Divisional Committees and hence now hold a seat on the AMEA Executive Committee;

AED Murray Painton Air NZ Marine John Fraser Interislander Trevor Williamson Airways Dave Rowe Silver Shipping Admin Sandra Henderson Air NZ Managers Tony Tronson Air NZ Lisa Prinsloo Air NZ Ian Cox Air NZ ATA Tim Rogers Air NZ Flight Engineers Ross Gosling Air NZ Jason Lilley Air NZ Flight Planners David Bainbridge-Smith Air NZ Industrial Tom Duncan Fonterra Mohammed Suliman Air NZ John Robinson Watercare

AVIATION & MARINE ENGINEERS ASSOCIATION www.amea.co.nz NEWS BRIEFS MARINE NEWS BRIEFS INDUSTRIAL NEWS BRIEFS

PACIFICA ( NAVIGATION) ALLIANCE A new ship had been sourced for the New Zealand coast and presently is Bargaining has been initiated. in dry dock. It will commence servicing New Zealand Ports in late March. Agreement has been reached on new terms and conditions and will be RAVENSDOWN presented to membership for ratification once the crews on the new ship Drug and Alcohol an issue. Random testing to be enforced but the test have returned to New Zealand. will be an oral rather than a urine test. WATERCARE TRADES AGREEMENT NIWA Agreement ratified. Term 2 years, Increases 2.25% for each year back Agreement has been reached in principle for settlement of the Collective dated. Major sticking point was the employers wish to insert new clauses Agreement. Unions to ratify upon receipt of the terms of settlement and into the existing Drug and Alcohol Policy. In the end it was agreed that the draft of the new Agreement. Watercare’s Drug and Alcohol Policy would apply. KIWIRAIL (INTERISLANDER) WATERCARE PROCESS SHIFT SUPERVISORS AND PROCESS Bargaining has been initiated and claims are currently being collated. OPERATORS STRAIT SHIPPING Agreement ratified. The key issues agreed are; a term of two years (come March the 31st one year will have been run), an increase of 2.25% has New Collective Agreement ratified by members. Salary increases are been agreed for each year, backdated to the expiry date and resolution of year one 2.5% year two 2.5%. a long running argument on holidays. PORT OF TAURANGA Agreement has been reached on a wage increase, December CPI plus AFFCO Agreement has been reached in principle; however, the EPMU’s members 2.0%. have refused to endorse the settlement. As the offer for settlement was PORT OF a low settlement, long standing Shift Engineers have elected to leave the Bargaining has been initiated, claims have been received, awaiting dates Company. to begin bargaining from the employer. FONTERRA GOLDEN BAY As a result of alleged Health and Safety violations two of our members Bargaining Initiated. have been dismissed. Grievances have been lodged on behalf of both members. OTHER MARINE NEWS There have been two requests from the Ministry of Business - Innovation BALLANCE MOUNT MAUNGANUI and Employment seeking dispensation to bring in off shore engineers Initiated bargining. The EPMU and the AMEA are about to embark on a to crew vessels in the Fishing Industry. One of the Companies is membership drive. At least half of the shift engineers and one sparky Independent Fisheries Ltd, a joint venture company, who is seeking to are not in the union and at present there are no maintenance fitters crew a factory ship with marine and maintenance engineers. In total in the union. Those not in the union tend to undermine Collective they are looking to fill 52 vacancies. I’ve requested information on rates Agreement because they can negate the threat of collective industrial of pay and other conditions of employment. When I get the information I action resulting in the employer playing both groups against each other. will circulate to the marine engineers. In surveys undertaken by the CTU they have shown that unionised work sites are generally better of both condition and wage wise. The other company is Sanford’s. To date we haven’t received any further information. SILVER FERN Finally settled the Pareora and Finegand Salaried Collective Agreements. It is not only the AMEA who is receiving requests for dispensations to Both are 2 year deals with 0% year 1 and 2% for year 2. employ off shore crews. It’s also the Guild and MUNZ. To date the AMEA hasn’t granted dispensation. We have argued that there are beached New The Shift Engineers and Pareora Trade Guild Collective Agreements have Zealand engineers and that these vessels should in the first instance also been settled. They received 3 year deals with 1.5%, 2.5% and 3%. be crewed by out of work . These arguments cannot be sustained indefinitely. At some stage the Ministry will grant dispensation CHRISTCHURCH CITY COUNCIL if there are no takers from New Zealand. 6% over 30 months. An average of 2.4%. www.amea.co.nz AVIATION & MARINE ENGINEERS ASSOCIATION AIR NEW ZEALAND AVIATION NEWS BRIEFS High Performance Engagement (HPE) – The HPE Charter has been agreed by the unions’ and Air NZ management however it has not been signed off yet. The AMEA Executive has agreed to proceed down the HPE path and intend to sign the charter next month.

Engineering and Maintenance (formerly Technical Operations) E&M have committed to launching HPE this year. Training for delegates and management will kick off in March.

Line Maintenance The AMEA has received our costs settlement from Air NZ for our legal case. EMIRATES ENGINEERING There has been ongoing discussion regarding the introduction of a Auckland Mechanical Days and Nights have ratified their shift pattern biometric time machine. This has raised a number of concerns around variation. There is now a dispute over whether or not members should the ensuring consistency across ports and business units. get paid a meal if they start a shift prior to 0600. CHRISTCHURCH ENGINE CENTRE Wide Body Heavy Maintenance (WBHM) The Salaried Collective Agreement is due to expire on the 28th February ¨¨ The Company is still progressing towards redundancies at the end of 2015 and we initiated bargaining just prior to the New Year. Having the year and possibly in June. done a major over-haul of the agreement 2 years ago there was little to ¨ adjust and the focus is on securing a fair GWI increase on all rates and ¨ The company is outsourcing 6 wide body heavy checks this year allowances. With 2 new employee representatives agreeing to take part because the “resource levels across the business will be insufficient in the bargaining, Jayne O’Connor and Bryan McCormack we have met to do this inhouse.” with the company and are currently awaiting a signed copy of the Terms ¨¨ There have been a couple of “dumping session” to discuss all of the of Settlement to present to the membership. A big thank you to Jayne outstanding issues from last year. To be addressed this year for the and Bryan for their support during this process. ATA are; Voluntary redundancies, TOIL and the Attendance committee There have been a number of other issues around the application of the secondment clause and higher duties, and without a delegate on the floor Airports Our members and delegates continue to be actively engaged in the these have been hard to address. We are therefore pleased to announce many HPE initiatives at Airports as they continue to explore and develop that Bryan will take up the role as the official Salaried Delegate. initiatives that could improve the efficiency and productivity.

AIRWAYS Ramp Team Trials at Auckland International– this initiative has identified There is an interpretation issue in the Collective Agreement regarding a number of ways to improve efficiency as well as the operational culture the non-payment/removal of the Sharing and Performance bonus. Also as the members look to work in teams as they manage the high volume Collective Agreement bargaining is coming up this year. of work.

The Airports Collective Agreement expires 30 June 2015 so it will be interesting to see how we approach bargaining in light of the HPE culture. Operations A word for our Sponsor - The postage for Our membership continues to grow in this area supported by a great group of delegates in PAXCO, Load Control, Crew Control and Planning and this newsletter and advertising material Ops Controllers so it was rewarding to see nearly 100% achievement in all KPI metrics applicable to these groups. OTP was the only metric not fully has been paid for by AIL. If you usually achieved and the members are reporting this was the highest payment receive your newsletter by email, this will received they can recall. occur again next time. If you accept the Using HPE as the foundation for tackling a number of issues in the PAXCO and Crew Control areas progress has started as the employees closest to free insurance from AIL, you will receive a the problem look to solve it. visit from an insurance salesperson. Do Flight Planners not feel obligated to take up the AIL offer. With the first 6 months of the KPI for last year guaranteed it was great to receive a near on 100% payment and again on missing a portion of the OTP component. Great work.

AVIATION & MARINE ENGINEERS ASSOCIATION www.amea.co.nz